Awan v Smith

Landlord wins · Hamilton · 2021-12-29

Adjudicator

Robert Patchett

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Substantial Interference (N5)

Amount

$10-20K

Landlord

R.A.A., M.A.A.

Tenant

M.S., T.C.

Landlord rep

Curtis Begg

What happened

Landlords applied to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference with the Landlords' lawful rights. The Tenants did not pay the full rent from November 2019 to November 2021, and failed to pay utility bills as required under the tenancy agreement.

The ruling

The tenancy is terminated effective January 31, 2022. The Tenants must pay the Landlords $14,181.46, which includes rent arrears, compensation, and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $78.90 per day in compensation starting December 30, 2021 until they vacate the unit. If the Tenants do not pay the full amount by January 31, 2022, they will owe interest at 2% annually on the outstanding balance.